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BROOKSHIRE v. BROOKSHIRE

No. 8721DC336.

365 S.E.2d 307 (1988)

Nell Bryan BROOKSHIRE v. Atwell J. BROOKSHIRE.

Court of Appeals of North Carolina.

March 1, 1988.

Attorney(s) appearing for the Case

McElwee, McElwee, Cannon & Warden by William H. McElwee, III, North Wilkesboro, for defendant-appellant.

David B. Hough, Winston-Salem, for plaintiff-appellee.

JOHNSON, Judge.

Plaintiff commenced this domestic action on 19 June 1985 seeking alimony pendente lite, permanent alimony, custody of the couple's three minor children, child support and attorneys fees. On 15 July 1985 defendant filed a motion to dismiss the complaint on the grounds that he had instituted an action for absolute divorce on 3 June 1985 and such action was pending in Lorain County Court of Common Pleas, Domestic Relations Division, State of Ohio.

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